Previously many rental properties which were built after 1991 were exempt from rent control. This means they didn’t have to follow the rent increase guideline and could raise rents every year in order to cover their costs and maybe even make some cash flow.

After all, running a rental business and being a landlord has risks and often increasing costs. Smart landlords know raising rents is an important part of being successful just as any business owner would make sure their revenues allowed them to continue running their business and not lead to losses and bankruptcy.

Another big change happened on September 1st regarding landlords own use of a rental.

With increasing house prices many landlords have children or parents looking for a place to stay in. It’s become popular for landlords to turn their rental property into a place for their kids or parents to make their home.

Many landlords are also downsizing. They bought a rental in years past and rented it out. Now they sold their own home and are looking to move to a smaller property and so want to move in to their rental.

While some in the media want to demonize landlords and claim landlords use the own use provision to “turf out” their tenants, those actually running rental properties in Ontario know it would be foolish to ask a good tenant to leave if there wasn’t a very good reason for it. Needing your property for yourself or your close family is one of those “good reasons.”

Landlords Own Their Rental Property and Have Property Rights….Or Not?

Many new landlords in our community have asked what could possibly be the issue about the owner wanting to move in to their own property? Or have their children or parents (or parents in-law) move in? These new landlords say they are the ones who bought the property. They are on title. They paid for the house and usually have a big mortgage to prove it.

We keep hearing over and over again “It’s my house! I have property rights…to my property.”

In Ontario if your property is rented there is a process you need to go through in order to terminate the tenancy. Fortunately, if you want your property for your own use, or for your kids or parents or parents-in-law you can terminate the tenancy. It’s just become more complicated and more expensive.

Let’s let the Landlord and Tenant Board explain:

To Ontario Landlords Association:

September 1, 2017

New Requirements for landlords who evict because they would like to move in.

The Ontario government has introduced new requirements for landlords who would like to evict a tenant so they or someone in their family can live in the unit.

Starting September 1, 2017, the landlord or family member must intend to live in the unit for at least one year. The landlord must also either give the tenant the equivalent of one month’s rent or offer the tenant another unit that the tenant accepts.

Only individual landlords, not corporations, can give notice of termination for this reason

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Smart and Successful Landlords Know The Rules

With the rules for landlords getting more complicated, it’s more important than ever for every Ontario residential landlord and investor to make sure you are knowledgeable. Even new rentals are under rent control and even if you need the property for your own use or the want your kids or parents to move in you will have to pay a lot of money to make it happen (as many small landlords don’t have extra units to offer tenants).

It’s Time to Fix the Ontario Residential Tenancy Act!

The court heard that due to legal loopholes in the Ontario Residential Tenancy Act, empowered by the Landlord and Tenant Board, tenants have lived without paying rent for almost ten months.

How Much is the Rent?

The rent is $3,600/month. The apartment is in the heart of downtown Toronto.

What Does the Judge Have to Say?

$3,600 x 10 = OUCH!

The judge look carefully at the case and saw how loopholes in Ontario allowed a predatory tenant to abuse the landlord.

The judge then demanded change to the laws in Ontario and more fairness.

Basically the Wise Judge Saw It’s Just Too Easy To Screw a Landlord in Ontario

Yes.

What Are the Details?

A couple rented an apartment in Toronto last October (2011). After moving in they never paid rent!

A Toronto man and his wife moved into an apartment on Baldwin Street on October 11, 2011, and have not paid rent since, court heard, despite apparently still living there with pending appeals delaying any possible eviction.

What Did the Landlord Say In Court?

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The landlord, Melissa D’Amico told the court she things the tenant had been manipulating the ‘system’ and was facing financial harm due to this.

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How Much Harm?

The landlord stated:

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“I was being ruined financially.”

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Isn’t This Yet Another Lesson for Landlords to Either Avoid Rental Properties…or do Proper Rental Screening?

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Yes. It’s clear the system is unfair and if you are an Ontario Landlord you need to do careful Tenant Screening… Including Credit Checks! There so many stories about tenants abusing the system.